Current through Register Vol. XLI, No. 45, November 8, 2024
Section 85-31-5 - Data Collection and Proof of Coverage Reporting5.1. Regardless of the basis on which coverage is provided for PEOs and their client employers, the private carrier shall collect and maintain payroll and claims data for each client employer in a manner that will permit an experience modification factor to be calculated separately for each client-employer who is eligible to be experience rated.5.2. When a client employer, for whatever reason, purchases workers' compensation coverage on a direct purchase basis, the client employer's experience modification factor shall be based solely upon the client-employer's own experience, including experience under past direct purchase policies and PEO policies, as applicable.5.3. Carriers providing workers' compensation insurance to PEOs shall comply with all data reporting requirements pursuant to the appropriate rating manual and rules submitted by the Commissioner's designated rating organization for workers' compensation.5.4. Regardless of the basis on which coverage is provided for PEOs and their client employers, the private carrier is required to timely and accurately report information regarding policy issuance, renewal and cancellation as required by the provisions of W. Va. Code § 23-2C-15(f) and W. Va. Code St. R. § 85-8-9. The carrier must be able to report such information separately regarding both the PEO and each client employer.5.5. Failure of the private carrier to collect, maintain and report data as required by this section may result in appropriate regulatory measures being taken against the carrier pursuant to chapter thirty-three of the West Virginia Code, including, but not limited to, fines, termination of ability to write workers' compensation coverage to PEOs and termination of the carrier's certificate of authority in West Virginia.